§342. Commissioner, duties

The Commissioner of Environmental Protection shall have the following duties: [1971, c. 618, §8 (NEW).]

1.

[
1983, c. 483, §1 (RP)
.]

1-A.Administration of department.
The commissioner is the chief administrative officer of the department and responsible
for all administrative matters of the department, except as otherwise specified.
The commissioner shall assure that all determinations made by the staff of the department
are promptly rendered. The commissioner shall resolve disputes between department
staff and applicants with respect to any questions regarding requirements, interpretation
or application of the laws, rules or department policy. In resolving disputes, the
commissioner shall attempt to reach a fair and appropriate result given all of the
circumstances of the issue and may utilize the services of such consultants or experts
as the commissioner determines would be helpful to resolve any disputed issue. For
purposes of this subsection and section 341-A, subsection 3, paragraph C, staff of
the department does not include staff of the board.

[
1989, c. 890, Pt. A, §14 (AMD);
1989, c. 890, Pt. A, §40 (AFF)
.]

2.Employment of personnel.
The commissioner may employ, subject to the Civil Service Law, personnel for the
department and prescribe the duties of these employees, except persons occupying the
positions defined in Title 5, section 938, subsection 1-A, as the commissioner determines
necessary to fulfill the duties of the department. For purposes of this subsection,
personnel for the department does not include staff of the board.

[
1995, c. 560, Pt. E, §3 (AMD)
.]

3.

[
1989, c. 890, Pt. A, §40 (AFF);
1989, c. 890, Pt. A, §16 (RP)
.]

3-A.Negotiating agreements.
The commissioner may negotiate and enter into agreements with federal, state and
municipal agencies.

[
1989, c. 890, Pt. A, §17 (NEW);
1989, c. 890, Pt. A, §40 (AFF)
.]

4.Organization of department.
The commissioner, after consultation with the Board of Environmental Protection,
shall organize the department into the bureaus, divisions, regional offices and other
administrative units necessary to fulfill the duties of the department. After consultation
with the board, the commissioner shall prescribe the functions of the bureaus and
other administrative units to insure that the powers and duties of the department
are administered efficiently so that all license applications and other business of
the department may be expeditiously completed in the public interest.

A. In coordination with the Health and Environmental Testing Laboratory in the Department
of Health and Human Services, the commissioner shall ensure that sampling, data handling
and analytical procedures are carried out in accordance with the highest professional
standards so that data generated for departmental programs are of known and predictable
precision and accuracy. [1991, c. 499, §26 (AFF); 1991, c. 499, §9 (RPR); 2003, c. 689, Pt. B, §6 (REV).]

B. The Office of Pollution Prevention is established within the department to review
department programs and make recommendations to the commissioner on means of integrating
pollution prevention into department programs. The Office of Pollution Prevention
has the following functions:

(1) To establish pollution prevention priorities within the department;

(2) To coordinate department pollution prevention activities with those of other
agencies and entities;

(3) To ensure that rules, programs and activities of the department are consistent
with pollution prevention goals and do not hinder pollution prevention initiatives;

(4) To provide technical assistance, training and educational activities to assist
the general public, governmental entities and the regulated community with development
and implementation of pollution prevention programs as funds allow;

(5) To establish an award program to recognize businesses, local governments, department
staff and others that have implemented outstanding or innovative pollution prevention
programs, activities or methods;

(6) To identify opportunities to use the state procurement system to encourage pollution
prevention;

(7) To develop procedures to determine the effectiveness of the department's pollution
prevention programs and activities;

(8) To assume responsibility for the administration and implementation of chapter 27; and

(9) To administer and evaluate the Technical and Environmental Assistance Program
established in section 343-B.

The commissioner shall designate an employee of the department to manage the functions
of the Office of Pollution Prevention. That person may provide independent testimony
to the Legislature, may make periodic reports to the administrator of the federal
Environmental Protection Agency for transmittal to the United States Congress and
may address problems or concerns related to the functions of the office, including
the investigation of complaints concerning the Technical and Environmental Assistance
Program.

The commissioner shall identify a staff person or persons in each bureau of the department
whose primary responsibility is to provide guidance to any party through the permit
review process. [2009, c. 579, Pt. B, §5 (AMD); 2009, c. 579, Pt. B, §13 (AFF).]

[
2009, c. 579, Pt. B, §5 (AMD);
2009, c. 579, Pt. B, §13 (AFF)
.]

5.Designation of deputy commissioner.

[
1985, c. 746, §5 (RP)
.]

5-A.Designation of deputy commissioner and directors.
The commissioner may employ, to serve at his pleasure, the following:

7.Representation in court.
The commissioner may authorize licensed Maine attorneys with active bar status who
are employees of the department and certified employees of the department to serve
civil process and represent the department in District Court in the prosecution of
violations of those laws enforced by the department and set forth in Title 4, section
152, subsection 6-A. The commissioner may authorize licensed Maine attorneys with active bar status who
are employees of the department and certified employees of the department to represent
a municipality in an action to obtain an administrative search warrant to allow entry
of a local plumbing inspector onto property without the consent of the property owner
in order to inspect a subsurface waste water disposal system in an area designated
by the department as provided in section 424-A, subsection 3, paragraph A. Licensed Maine attorneys do not need to file the certification referred to in the
Maine Rules of Civil Procedure, Rule 80K(h). Certification of nonattorney employees
must be provided as under Title 30-A, section 4453.

[
2007, c. 568, §7 (AMD)
.]

8.Data base.
The commissioner shall develop by January 1, 1991, and maintain a data base of license
applications received and decisions made by the department. The data base must include
information on all applications pending or received after January 1, 1990. For each
application the data base must include:

A. The type of license sought; [1991, c. 66, Pt. A, §2 (RPR).]

B. The name and address of the applicant and the name of a natural person who is the
representative of the applicant; [1991, c. 66, Pt. A, §2 (RPR).]

F. An indication of whether the commissioner or the board will decide the application; [1991, c. 66, Pt. A, §2 (RPR).]

G. A brief description of the project, including any substantial issues raised during
the licensing process; and [1991, c. 66, Pt. A, §2 (RPR).]

H. A brief description of the final action taken by the department, either by the commissioner
or the board, on the application. [1991, c. 66, Pt. A, §2 (RPR).]

The commissioner shall maintain a central archive of all applications received and
licenses issued by the department.

[
1991, c. 66, Pt. A, §2 (RPR)
.]

9.Rules.
The commissioner may adopt, amend or repeal, in accordance with section 341-H, routine technical rules
under Title 5, chapter 375, subchapter 2-A and shall submit to the board new or amended major substantive rules for its adoption.

[
2011, c. 304, Pt. H, §15 (AMD)
.]

10.Consultants.
The commissioner may contract with or otherwise employ consultants for services
necessary to carry out duties under this Title.

[
1989, c. 890, Pt. A, §18 (NEW);
1989, c. 890, Pt. A, §40 (AFF)
.]

11.Administrative duties for the board.
The commissioner shall meet the administrative requirements of the board including
bookkeeping, expense reimbursement and payroll matters.

[
1989, c. 890, Pt. A, §18 (NEW);
1989, c. 890, Pt. A, §40 (AFF)
.]

11-A.Recommendations and assistance to board.
The commissioner shall make recommendations to the board regarding proposed major substantive rules; permit and license applications over which the board has jurisdiction; modification or corrective action on licenses; appeals of license and permit decisions; and other matters considered by
the board. The commissioner shall also provide the board with the technical services
of the department.

[
2011, c. 304, Pt. H, §16 (AMD)
.]

11-B.Revoke or suspend licenses and permits.
After written notice and opportunity for a hearing pursuant to Title 5, chapter
375, subchapter 4, the commissioner may act to revoke or suspend a license whenever the commissioner finds that:

D. The license fails to include any standard or limitation legally required on the date
of issuance; [2011, c. 304, Pt. H, §17 (NEW).]

E. There has been a change in any condition or circumstance that requires revocation
or suspension of a license; [2011, c. 304, Pt. H, §17 (NEW).]

F. There has been a change in any condition or circumstance that requires a corrective
action or a temporary or permanent modification of the terms of the license; [2011, c. 304, Pt. H, §17 (NEW).]

G. The licensee has violated any law administered by the department; or [2011, c. 304, Pt. H, §17 (NEW).]

H. The license fails to include any standard or limitation required pursuant to the federal
Clean Air Act Amendments of 1990. [2011, c. 304, Pt. H, §17 (NEW).]

For the purposes of this subsection, "license" includes any license, permit, order,
approval or certification issued by the department and "licensee" means the holder
of the license.

[
2011, c. 538, §2 (AMD)
.]

11-C.Modification or corrective action.
The commissioner may recommend that the board modify or take corrective action on
a license in accordance with section 341-D, subsection 3.

[
2011, c. 538, §3 (NEW)
.]

12.Coordination and assistance procedures.
The commissioner shall establish procedures to assist the public and applicants
and coordinate processing for all environmental permits issued by the department.
These procedures must, to the extent practicable, ensure:

C. That the public understands the permitting process and all the procedures of the department
including those of the board. Any written material must be in clear, concise language. [1989, c. 890, Pt. A, §18 (NEW); 1989, c. 890, Pt. A, §40 (AFF).]

[
1989, c. 890, Pt. A, §18 (NEW);
1989, c. 890, Pt. A, §40 (AFF)
.]

13.Agricultural impacts.
The commissioner shall notify and regularly inform the Commissioner of Agriculture,
Conservation and Forestry on proposed legislation or rules that may affect agricultural
activity.

[
1991, c. 66, Pt. A, §3 (NEW);
2011, c. 657, Pt. W, §6 (REV)
.]

14.Environmental priorities report.

[
2003, c. 245, §4 (RP)
.]

15.Technical services.
The commissioner shall establish a technical services unit within the department
to assist any person involved in a real estate transaction in determining whether
real property that is the subject of the transaction has been the site of a discharge,
release or threatened release of a hazardous substance, hazardous waste, hazardous
matter, special waste, pollutant or contaminant, including petroleum products or by-products.

The commissioner may also assist in or supervise the development and implementation
of reasonable and necessary response actions. Assistance may include review of agency
records and files, review and approval of a requester's investigation plans, site
assessments and reports, voluntary response action plans and implementation of those
plans.

The person requesting assistance under this subsection shall pay the department an
initial nonrefundable fee of up to $500 to be determined by the Commissioner. The
person shall also pay the department for its actual direct and indirect costs of providing
assistance, which must be determined by the commissioner but which must not on an
hourly basis exceed $50 per hour per person. Money received by the department for
assistance under this subsection must be deposited in the Uncontrolled Sites Fund.

[
1993, c. 355, §3 (NEW)
.]

16.Receipt of funds.
Through the Department of Administrative and Financial Services, the commissioner
may establish accounts as necessary for the administration of funds held temporarily
by the department and restricted to specific purposes by court order or otherwise,
such as escrow funds, funds from court decrees and intervenor fees. The State Budget
Officer may provide for allotment of the funds as requested. Funds received must
be deposited with the Treasurer of State to the credit of the appropriate account
and be invested, as provided by law, with interest credited to the account.

[
1993, c. 735, §1 (NEW)
.]

17.Serve as a director of Clean Government Initiative.
The commissioner shall serve as a director, along with the Commissioner of Administrative
and Financial Services, of the Clean Government Initiative established in section
343-H.